Dr. Manoj Kumar Srivastava v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3168 of 2017 ====================================================== Dr. Manoj Kumar Srivastava aged about 63 years, son of Late Akhileshwar Prasad Srivastava, resident of Champaran Bhyawan, Opposite Road No. 6, Punaichak, Police Statin Shashtri Nagar, Post office Shashtri Nagar District Patna ... Petitioner

Versus

1. The State Of Bihar through the Principal Secretary, Animal Husbandry and Fisheries Department, Government of Bihar, Patna

2. Principal Secretary, Animal Husbandry and Fisheries Department, Government of Bihar, Patna 3, The Under Secretary, Principal Secretary, Animal Husbandry and Fisheries Department, Government of Bihar, Patna

4. The Regional Director, North Bihar Zone, Animal Husbandry and Fisheries Department, Government of Bihar, Muzaffarpur

5. The District Animal Husbandry Officer, Animal Husbandry and Fisheries Department, Betiah ... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr.Ashok Kumar Karna, Advocate For the Respondents :

Mr.Rishi Raj Sinha-SC19 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-04-2019 Heard learned counsel for the petitioner as well as learned counsel for the respondents.

Writ petition has been filed for a direction to the State respondents to pay the post retiral dues, i.e., Gratuity, Leave Encasement, GPF and remaining 10% pension to the petitioner, who superannuated on 30.6.2014 from the post of Touring Veterinary Officer, Parsauni, Bettiah, West Champaran under the Animal Husbandry and Fisheries Department, Government of Bihar.

Counter affidavit has been filed on behalf of respondent no.2 (Principal Secretary, Animal Husbandry and

Patna High Court CWJC No.3168 of 2017(4) dt.24-04-2019 2/2 Fisheries Department, Government of Bihar, Patna). It has been stated that the petitioner has already been allowed 90% of the pension, whereas decision on allowing remaining 10% pension, gratuity as well as leave encashment would be taken after disposal of RC Case No.45A/1996 pending before the Special Court, CBI, Ranchi. Reference to the judgement dated 30.6.2016, passed in LPA No. 145 of 2014, has been made in this regard.

In view of the aforesaid averments made by the State respondent, writ petition is disposed of.

However, the petitioner is at liberty to approach the respondents for payment of other retiral dues if not paid to him, which would be disposed of in accordance with law by a speaking and reasoned order.

(Prabhat Kumar Singh, J) Shashi U